While it might not seem like it, many vehicle collisions aren’t solely one driver’s fault. Even if it seems like a driver came out of nowhere and hit you, you can bet that their insurer will try to find something you did that wasn’t safe could be worthy of a traffic citation.
For example, maybe you were struck by a driver who ignored a stop sign at an intersection. It seems like their fault. However, maybe you went through the intersection without looking both ways even though you had the right of way. Maybe you proceeded through the intersection at a speed above the posted limit.
Here in Louisiana, as in most states, the amount of compensation a crash victim can recover can be affected by their own negligence – even if they were far less negligent than the other driver. Different states have different negligence rules. Louisiana follows the “pure comparative negligence” rule. What does that mean?
Understanding pure comparative negligence
Pure comparative negligence means that the amount of compensation that the driver most responsible for a crash (or usually their insurer) owes the other driver is adjusted based on the other driver’s percentage of fault for the collision.
This is the case whether the division of fault is 90% to 10% or 55% to 45%. That’s why it’s “pure” comparative negligence. Let’s say the total damages owed to you are determined to be $100,000. If you’re found to be 10% responsible for the crash, that means the other driver only has to pay you $90,000. You can see where a slight change in the determination of fault can add up to a lot of money.
Assigning percentage of fault
You can also see why you’ll want to ensure that you’re not assigned more fault for a crash than you deserve to be. How is the division of fault determined?
Insurers who will be making the payout look at all the evidence they have from a crash. This will likely include the police report, photos and videos, witness and driver statements and more. If it was a particularly serious crash, there may even be a crash scene investigation and reconstruction that will provide additional detail on what happened.
It’s important to protect your rights after a crash caused by a negligent or reckless driver. By having sound legal guidance, you can better stand up against insurers and seek a settlement that will cover your medical bills and other expenses and damages, even if you were to blame to a small degree.